United States: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Our Approach To Kaiser Medical Malpractice Claims

Once a new client contacts us, the Walkup Kaiser malpractice team knows the steps to take to obtain all relevant records, X-rays, and special studies, and create a timeline of care.

United States Litigation

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Walkup, Melodia, Kelly & Schoenberger

U.S. Supreme Court Agrees To Address Preemption Of Freight Broker Negligence Claims

On October 3, 2025, the U.S. Supreme Court agreed to hear a case involving a critical issue for freight transportation that is the current subject of a split among federal appeals courts...

United States Transport

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Duane Morris LLP

Sword Or Shield? Using Your Contract To Mitigate Risk

Professional services agreements often are treated as a formality—boilerplate documents signed at the outset of an engagement and then forgotten.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

A Seat At The Table: Third Parties And Exclusive Jurisdiction Clauses

The High Court has looked at when a third party can rely on (and be bound by) an exclusive English jurisdiction clause in Campeau v Gottex.

United States Litigation

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A&O Shearman

Every Victory Is A New Beginning: U.S. Supreme Court Agrees To Consider Freight Broker Liability

United States Litigation

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Benesch Friedlander Coplan & Aronoff LLP

Recent Mass. Chapter 93A Case Highlights Key Distinctions Between Sections 9 And 11

United States Litigation

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Greenberg Traurig, LLP

In California, Late Payment Of Arbitration Fees May Be Excusable

United States Litigation

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Manatt, Phelps & Phillips LLP

11640 Woodbridge Condominium Homeowners Assn. v. Farmers Insurance Exchange

United States Insurance

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Lewis Brisbois Bisgaard & Smith LLP

Disney Hit With Class Action Lawsuits Immediately Following FTC Settlement

United States Privacy

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Ballard Spahr LLP

Employer Liability For Non-Employee Acts? Sixth Circuit Imposes High Standard And Rejects EEOC Guidance

United States Employment

FL

Foley & Lardner

New York Team Secures Reversal Of Summary Judgment In Rear End Accident: Not All Sudden Stops Are Equal

United States Transport

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Lewis Brisbois Bisgaard & Smith LLP

To Admit Negligence Or Not To Admit Negligence

United States Litigation

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Maron Marvel Bradley Anderson & Tardy

Texas Supreme Court Clarifies Proximate Cause In A Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

United States Litigation

CT

Cowles & Thompson, PC

Massage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court Rules

United States Litigation

CT

Cowles & Thompson, PC

Hot Topics In International Trade Tariff Mitigation Strategies Looking For Ideas (Video)

United States International

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Braumiller Law Group, PLLC

One Size Doesn't Fit All: Customizing Dispute Resolution For Commercial Contracts

United States Litigation

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JAMS

Tariffs, Contracts And The Negotiation Imperative: Why The Old Playbook Won't Work

United States International

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JAMS

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

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JAMS

Unpacking A Busy Last Week For US ESG Disclosure And Compliance

United States Commercial

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Ropes & Gray LLP

The Double-Edged Sword Of Chapter 93A, Section 11 In Massachusetts Business Litigation

One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter "unfair" or "deceptive" conduct...

United States Litigation

NM

Nelson Mullins Riley & Scarborough LLP

The Evolving Landscape Of Kitchen Countertop Silicosis Litigation In The U.S.

Silicosis cases are making a comeback in toxic tort litigation. Engineered quartz stone is designed with over 90% crystalline silica content, and just ask your neighbor with the new house-it is very popular.

United States Litigation

DK

Deutsch Kerrigan

Are Automakers Liable For Crime-Driven Costs? Ninth Circuit Certifies Question To New York High Court

The question arises in an MDL, In re Kia Hyundai Vehicle Theft Marketing, Sales Practices, and Products Liability Litigation (C.D. Cal. MDL No. 3052). In that MDL, product liability claims stemming from car thefts...

United States Litigation

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Dechert

Take-Aways From Accountants' Liability 2025 Conference: Navigating The Changing Regulatory Landscape And Risks From Emerging Technologies

While "uncertainty" may have been one of the most frequently used words by the powerhouse panelists over this two-day event, there was no shortage of deep discussions surrounding the most pressing issues facing auditors...

United States Litigation

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Stites & Harbison PLLC

With The Exception Of Handling Concursus Proceedings, State Courts Should Be Deemed To Have Jurisdiction To Adjudicate All Limitation Of Liability Issues Under The Shipowner's Limitation Of Liability Act

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

LITIGATION UPDATE: Actual Responsibility And Substantial Factor Causation In The Wake Of Werner v. Blake: A Win For Commercial Drivers And Their Employers

United States Litigation

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Kane Russell Coleman Logan

Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US

United States Insurance

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Adams & Adams

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

What Can Happen When The Failure To Provide Discovery Crosses The Line? - New Jersey Law Journal

United States Litigation

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Porzio, Bromberg & Newman

New Louisiana State Legislation Rolls Back Advantages Long Afforded To Personal Injury Claimants

United States Litigation

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Jones Walker

Walters v. OpenAI, L.L.C.

United States Litigation

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Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

United States Litigation

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Walkup, Melodia, Kelly & Schoenberger

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

United States Litigation

GT

Greenberg Traurig, LLP

Understanding Your Rights: When Can You Sue Your HOA?

United States Litigation

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LS Carlson Law

Walters v. OpenAI, L.L.C.

Georgia state court grants summary judgment dismissing defamation claim targeting ChatGPT output accusing radio host of embezzlement, in light of disclaimers notifying users that ChatGPT sometimes generates inaccurate information, and user's admission that he did not believe output relayed true facts.

United States Litigation

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Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

The California Herald featured Walkup's Michael A. Kelly today in an article that highlights how litigation led by Walkup, Melodia, Kelly & Schoenberger is not only helping victims and families affected by trucking crashes involving Amazon contractors—it's also driving real policy changes within Amazon's delivery network.

United States Litigation

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Walkup, Melodia, Kelly & Schoenberger

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

The Minnesota Supreme Court issued an important decision this week about the enforceability of contract release language. Lund v. Calhoun Orange, Inc., ___ N.W.3d __, 2025 WL 1450213 (Minn. May 21, 2025).

United States Litigation

GT

Greenberg Traurig, LLP

Understanding Your Rights: When Can You Sue Your HOA?

Homeowners Associations (HOAs) play a pivotal role in maintaining the quality and value of residential communities. They are responsible for enforcing community rules, managing shared amenities...

United States Litigation

LS

LS Carlson Law

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds That Breach Of Contractual Indemnity Provision Is Not Barred By The Statute Of Repose

United States Real Estate

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Conn Kavanaugh Rosenthal Peisch & Ford

Recall Litigation Report: Trends In 2024 Continue Into 2025

Looking back at 2024, manufacturers were extremely busy navigating a high number of recalled products and corresponding litigation. A number of these 2024 litigation and class action trends appear to be carrying over into 2025.

United States Litigation

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Crowell & Moring LLP

Georgia Tort Reform Act: Changes And Implications

Georgia Governor Brian Kemp signed into law the Georgia Tort Reform Act today. The goal of the Act appears to be threefold, i.e., to:

United States Litigation

PD

Phelps Dunbar LLP

When Is Negligence Gross? Understanding Indemnification Provisions In Hotel Management Agreements

Hotel management agreements, like other commercial contracts, often contain clauses apportioning liability among the parties for potential losses or damages arising out of specific events or actions.

United States Media & IT

PC

Pryor Cashman LLP

2024 Year In Review: Data Breach Litigation

One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years.

United States Privacy

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WilmerHale

Strict Liability vs. Negligence In B2B Product Liability Cases: What Every Business Needs To Know

United States Consumer

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Ayala Law

BioZorb And The Power Of Causation: Why Warnings Don't Always Matter

United States Litigation

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Winston & Strawn LLP

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

United States Employment

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Littler Mendelson

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

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Greenberg Traurig, LLP

NJ Supreme Court Unanimously Affirms That The "Intentional Wrong" Exclusion In NJ Employers' Liability Policies Is Enforceable

United States Litigation

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Riker Danzig LLP

When Liability Appears Bleak, Pivot To Causation And Damages!

United States Litigation

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Wilson Elser Moskowitz Edelman & Dicker LLP

Texas Supreme Court Rejects Repackaging Of Professional Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Retained Foreign Objects Part II

United States Litigation

Shaub, Ahmuty, Citrin & Spratt LLP

Business Negligence: What Every Business Owner Needs To Know Before It&'s Too Late

United States Litigation

MB

Michael Best

Safeguard Your Business Against Slip And Fall Incidents And Personal Injury Lawsuits

United States Litigation

FL

Fitzpatrick Lentz & Bubba

No Coverage Under Primary Policy For Potential Claim Reported During Extended Reporting Period Or Under Excess Policy Based On Applicability Of "Retroactive Date" Exclusion

United States Insurance

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Wiley Rein

Responding To Subpoenas

United States Litigation

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McLane Middleton, Professional Association

Final 2025 CMS Physician Fee Schedule Rule Includes Changes To Medicare Overpayment Standard

United States Healthcare

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Reed Smith

Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling

United States Real Estate

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Lewis Brisbois Bisgaard & Smith LLP

Oregon Supreme Court Decides Dram Shop Statute Is Partially Constitutional

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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Printable Step-By-Step Guide On What To Do After A Car Accident (Video)

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Ward and Smith, P.A.

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